Oklahoma Court of Criminal Appeals: Osbaldo Torres v. the State of Oklahoma

Article 36 of the Vienna Convention on Consular Relations establishes a procedure that a State party must follow when arresting or detaining a national of another State party to the Convention. Under Article 36(1 )(b), authorities of the receiving State, without delay, shall inform the foreign national of his right to have his consular post notified of his detention. If the foreign national requests, the authorities, without delay, shall notify the consular post of the foreign national's detention. The authorities, without delay, shall forward any communication from the foreign national to the consular post. Article 36(1) (a) authorizes consular officers to communicate freely with and have access to the foreign national. The foreign national has the right to communicate with and have access to consular officers. Article 36(1) (c) allows consular officials to visit a detained person and to arrange for his legal representation. Under Article 36(2), the receiving State's laws and regulations "must enable full effect to be given to the purposes for which the rights accorded under [Article 36] are intended."